Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2990
Posts / Week:6.4
Archived Since:March 17, 2008

Blog Post Archive

Tamicus: IP profs' amicus brief in Lee v. Tam with Christine Farley

3 months agoIndustries / Law : 43(B)log

Hot off the presses. Read it here. Thanks to all who commented and signed on. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Mark McKenna reviews Registering Disagreement

3 months agoIndustries / Law : 43(B)log

At Jotwell, here. Thanks for the kind review! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Announcing my upcoming move to Harvard

3 months agoIndustries / Law : 43(B)log

Beginning next academic year, I will be joining the faculty of Harvard Law as the inaugural Frank Stanton Professor of First Amendment Law. I'll miss the wonderful students, staff and faculty of Georgetown, but I'm incredibly excited for this new set of opportunities. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Notre Dame Law Review Symposium, Panel Three

3 months agoIndustries / Law : 43(B)log

Moderated by Shubham Mukherjee Graeme B. Dinwoodie, University of Oxford Law, “Territoriality in the Protection and Enforcement of Trademark Rights” As trade becomes more geog. expansive, so too do TM rights need to expand. Not new: goes back to 1883 Paris Convention. Show More Summary

Notre Dame Law Review Symposium, Keynote Address – Honorable David W. McKeague, Sixth Circuit Court of Appeals

3 months agoIndustries / Law : 43(B)log

Dissenter in Varsity Brands. Case touches on boundary issues that are our subject. Perspective of a judge. Apparel industry is huge; could also affect robotics, 3D printing, digital video. We don’t know what they might do/how broad the scope of the case will be. Show More Summary

Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

3 months agoIndustries / Law : 43(B)log

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in video games or movies. Show More Summary

Using others' product photos to advertise same product isn't fair use

4 months agoIndustries / Law : 43(B)log

Minka Lighting, Inc. v. Bath Kitchen Decor, LLC, No. ED CV 13-02370, 2015 WL 12743863 (C.D. Cal. Feb. 13, 2015) Minka sells ceiling fans, lighting products, and home accessories. It exclusively uses (or tries, as the facts show) about 2000 authorized distributors, who resell to consumers. Show More Summary

Gov't brief in Lee v. Tam

4 months agoIndustries / Law : 43(B)log

Available here. They make the same "bumper sticker" argument that I do. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Yelp avoids liability for allegedly biased filter yet again

4 months agoIndustries / Law : 43(B)log

Albert v. Yelp, Inc., 2016 WL 3910830, No. G051607, 44 Media L. Rep. 2357 (Cal. Ct. App. July 15, 2016) Albert, who operates a small law office, sued Yelp for various claims, and Yelp brought an anti-SLAPP motion. Although she mightShow More Summary

Consumer protection fellowship opportunity

4 months agoIndustries / Law : 43(B)log

The ABA encourages 1Ls and 2Ls to apply for the Janet D. Steiger Fellowship Project. Students selected will serve eight or ten weeks during the summer of 2017 in the consumer protection or consumer affairs offices of participating state and territorial governments. Show More Summary

Airbnb had a bad day too: court rejects 230, First Amendment challenges to SF rental ordinance

4 months agoIndustries / Law : 43(B)log

Airbnb, Inc. v. City and County of San Francisco, 16-cv-03615 (N.D. Cal. Nov. 8, 2016) Airbnb and HomeAway sought to enjoin SF’s ordinance making it a misdemeanor to provide booking services for unregistered rental units. The court denied a preliminary injunction. Show More Summary

Evidence of good faith not relevant for liability, but relevant for damages in false advertising cases

4 months agoIndustries / Law : 43(B)log

A.L.S. Enterprises, Inc. v. Robinson Outdoor Products, LLC, No. 14-CV-500, 2016 WL 4260062 (W.D. Mich. May 9, 2016) ALS sued Robinson for false advertising over odor control claims for its hunting apparel; the court in this and a related order resolves some false advertising-related evidentiary issues. Show More Summary

Failure to disclose effect of compensation on opinion isn't actionable under Lanham Act (but maybe in NY)

4 months agoIndustries / Law : 43(B)log

Casper Sleep, Inc. v. Hales, No. 16-cv-03223, 2016 WL 6561386, --- F.Supp.3d ---- (S.D.N.Y. Oct. 20, 2016) Casper is a mattress e-retailer. (Discussion of a similar lawsuit it filed here.) Defendant Derek Hales is a specialist reviewer...Show More Summary

Georgetown Law Launches New Institute for Technology Law and Policy

4 months agoIndustries / Law : 43(B)log

From our website: Building on its growing expertise in the field, Georgetown Law today announced the launch of the Georgetown Institute for Technology Law and Policy. The Institute will be led by Alexandra Reeve Givens, who most recently...Show More Summary

Florida man held liable for false green coffee claims

4 months agoIndustries / Law : 43(B)log

FTC v. NPB Advertising, Inc., No. 14-cv-1155, 2016 WL 6493923 (M.D. Fla. Nov. 2, 2016) The FTC sued Nicholas Congleton and others under Section 5 of the FTC Act for engaging in false or deceptive advertising. Congleton received an email from a dietary-supplement manufacturer touting the efficacy of “green-coffee extract” as a weight-loss aid. Show More Summary

230 provides protection against liability, not immediately appealable immunity from suit

4 months agoIndustries / Law : 43(B)log

General Steel Domestic Sales, L.L.C. v. Chumley, No. 15-1293 (10th Cir. Nov. 1, 2016) Defendants (Armstrong Steel) appealed from the district court’s denial of CDA §230 immunity for a number of General Steel’s false advertising claims. Show More Summary

Reading List: The Ethics of Visual Legal Rhetoric

4 months agoIndustries / Law : 43(B)log

Michael D. Murray, The Ethics of Visual Legal Rhetoric, 13 Legal Comm. & Rhetoric: JALWD 107 (2016). Highly recommended!Abstract: This Article discusses the application of visual rhetorical techniques in legal writing and the ethical questions that are raised regarding the use of these techniques. Show More Summary

Disparaging an unauthorized reseller could violate the Lanham Act

4 months agoIndustries / Law : 43(B)log

Dentsply Int’l Inc. v. Dental Brands for Less LLC, No. 15 Civ. 8775, 2016 WL 6310777 (S.D.N.Y. Oct. 27, 2016) Dentsply sued Dental Brands over Dental Brands’ resale of Dentsply’s dental products without Dentsply’s authorization. Dental...Show More Summary

Study's co-author disclaiming its use creates material issue on falsity

4 months agoIndustries / Law : 43(B)log

Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., 2016 WL 6275156, No. 13-12553 (D. Mass. Oct. 25, 2016) Previous opinion discussed here. The parties compete in the market for products used for bowel preparation before colonoscopies. Show More Summary

Direct, secondary liability under Lanham Act for statements targeted at foreign markets

4 months agoIndustries / Law : 43(B)log

Operation Technology, Inc. v. Cyme International T & D Inc., No. SACV 14-00999, 2016 WL 6246806 (C.D. Cal. Mar. 31, 2016) Plaintiff (ETAP) alleged that defendants (CYME, IPET-CO, and Amir Aslani) violated the Lanham Act via pseudononymous, disparaging remarks made about its software. Show More Summary

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